Wage garnishment is a form of debt collection in which the debtor’s employer is ordered to deduct money from the debtor’s paycheck and transfer it to the creditor
The creditor sues and obtains a monetary judgment against the debtor and then commences collection action to enforce the judgment against the debtor. The creditor may apply to the court for a writ of wage garnishment.
In many states, a certified copy of the court’s wage garnishment order is sent directly to the debtors’ place of employment. The employer is legally obligated to deduct the percentage ordered by the court from the debtor’s net pay.
In many states, the maximum amount of each paycheck that can be garnished from the debtor is generally 25% of the debtor’s “net income.”
